Al-Mozany v Dental Council of NSW [2021] NSWCATOD 3

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Al-Mozany v Dental Council of NSW [2021] NSWCATOD 3 Hearing dates: On the papers Date of orders: 13 January 2021 Decision date: 13 January 2021 Jurisdiction: Occupational Division Before: The Hon F Marks, Principal Member Decision: (1) The appellant may use documents in the nature of patient records, statements made by him, expert opinions, and any other documents relating to his treatment of patients the subject of these proceedings whilst engaged by any member of the Gentle Dental Care group which have been produced to the Tribunal pursuant to the issue of a summons for production, whether or not they have been admitted into evidence, for the purpose of instructing Sparke Helmore solicitors in connection with investigations being conducted by the Health Care Complaints Commission arising out of his treatment of any of those patients but subject to the non-publication order made by the Tribunal in these proceedings. (2) The appellant may use the transcript of these appeal proceedings before this Tribunal for the purpose of instructing Sparke Helmore solicitors in connection with the same matters referred to in (1) above. (3) I stand over for further consideration any application made by the appellant for the use of the documents referred to in (1) above in connection with the defence of proceedings brought against him by the Gentle Dental Care group in the Supreme Court of NSW arising out of or related to his treatment of the patients referred to therein. That part of this Application will be further considered upon the appellant providing submissions to the Tribunal and respondent in support of the relevance of those documents to his defence of the Supreme Court proceedings. (4) I stand over for further consideration the application made by the appellant for the use of documents which have not yet been produced to the Tribunal. (5) I grant liberty to apply which may be exercised by either party at short notice. (6) Costs are reserved with liberty to apply. Catchwords: Practice and procedure – application for consent to use documents produced under summons in other proceedings – relevant principles including the use of documents admitted into evidence – necessity to particularise documents and their relevance – application granted in part – application stood over in part with liberty to apply Legislation Cited: Civil and Administrative Tribunal Act s 26 Health Practitioner Regulation National Law (NSW) ss 150, 150B (2), 159, 165B(5A) Cases Cited: Hearne v Street [2008] HCA 36 Liberty Funding Pty Ltd v Phoenix Capital Ltd [2005] FCAFC 3 Texts Cited: NCAT Procedural Direction 2 Category: Procedural and other rulings Parties: Saad Abdul Hassan Al-Mozany (Appellant) Dental Council of NSW (Respondent) Representation: Solicitors: Appellant (Self-represented) Health Professional Councils Authority (Respondent) File Number(s): 2018/00385500 Publication restriction: Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, a non-publication order is made with respect to the name of any patient or former patient of the appellant Dr Al-Mozany or any information which may tend to identify any such person.